THE SCOPE AND LIMIT OF PUNISHMENTS IN BUDDHIST PHILOSOPHY

Abstract

The Buddha’s main purpose was to show the path to all human beings to get rid of suffering and attain Nibbāna. For forty-five years he preached the Dhamma out of compassion, and many people entered the Sangha community in order to practice and attain Arahant-ship. There were no Vinaya rules at the beginning of the Sangha community, and consequently, there was no system of punishments available. However, this situation was gradually changed. The Vinaya rules had to be enforced and the violators had to be punished. Although we know that the Buddha promulgated Vinaya rules and punishments to discipline his monastic disciples (Bhikkhu-s and Bhikkhuni-s), he never promulgated disciplinary rules or punishments for laypeople. Therefore, we have to discuss the scope and limit of punishments within the monastic system. Once, the punishment was approved for Bhikkhu Channa (Mahāparinibbāna-Sutta, Dīghanikāya). The Kesisutta (Aṅguttaranikāya) clearly mentions how the Buddha treated those who did not follow the Dhamma properly. The purpose of using punishments in Buddhism was to regulate the ill behaviours of the wrong-doers. As we all know the Buddha was known as the “incomparable trainer of men to be disciplined (anuttara purisadammasārathi)” and it is very interesting to examine how the Buddha disciplined his followers. The most serious punishment in the Buddhist community is the loss of the higher ordination in the Buddhasāsana. The Buddha said to Kesi, “Kesi, finally you killed the horses who cannot be trained, but I will not kill the Bhikkhu-s who cannot be disciplined, I let them leave the order” (Kesisutta Aṅguttaranikāya). In addition to the monastic discipline to which punishment is directly relevant, we can study the general attitude of Buddhism towards physical punishment and capital punishment found in the legal system in general. The objective of this paper is to discuss the Buddhist stance on punishment with reference to the following issues: what is the primary intention of using punishment?; whether Buddhism has justified punishment; if it has been justified, in what circumstances?; and whether there is an ethical basis for the use of punishment.